Case law

In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Supreme Court of Florida · Aug 31, 2023

All documents filed in the action shall be styled in such a manner as tomust clearly indicate clearly the subject matter of the paper and the party requesting or obtaining relief. RULE 4.110. … An indigent respondent who requests the appointment of counsel for appeal must file an affidavit to establish entitlement to the appointment.

STATE EX REL. GULFSTREAM PARK RACING ASS'N, INC. v. Florida State Racing Commission

70 So. 2d 375 · Supreme Court of Florida · Nov 17, 1953

The CHIEF JUSTICE and Justices TERRELL, THOMAS, SEBRING, MATHEWS and DREW are of the opinion that such a contention is without merit and that Sections 550.03 and 550.08, supra, are immune to such constitutional attack. … The declaration contained in the above section of the statute clearly and unmistakably shows the legislative intent which was the expansion and development of the business and the protection of "the financial stability of

In Re Advisory Opinion of Governor Civil Rights

306 So. 2d 520 · Supreme Court of Florida · Jan 6, 1975

We find that the well established principle of expressio unius est exclusio alterius applies sub judice. … The Legislature is free to enact laws in all areas except where it is clearly manifest in the constitution that its power to enact is restricted.

Dixon v. State

13 Fla. 636 · Supreme Court of Florida · Jul 1, 1869

The State, show that the qualifying-words expressed the idea of the court and the law of the case. … We do not understand clearly from the bill of exceptions that the judge did not deliver to them all that he had written out and declared to them.

State ex rel. Young v. Duval County

76 Fla. 180 · Supreme Court of Florida · Aug 7, 1918

All electors of said County who were qualified to vote in the general election nest preceding the holding of the election under this Act shall - be qualified to vote thereat for or against the issuance of bonds, and on the … Under Sections 910 et seq., General Statutes, 1906, county commissioners may grant licenses to establish and may regulate ferries, toll bridges, etc., and fix tolls therefor. See Green v. Ivey, 45 Fla. 338 , 33 South.

Barth v. City of Miami

146 Fla. 542 · Supreme Court of Florida · Apr 8, 1941

The governmental functions and the corporate duties and authority of a municipality may be regarded as being distinct, with different duties, privileges or immunities and, as to corporate matters, correlative liability for … It is well established that a declaration is required to state clearly and distinctly every fact that is essential to the plaintiff’s right of action.

Andrews v. State

443 So. 2d 78 · Supreme Court of Florida · Dec 8, 1983

The record in this case clearly establishes that the circuit judges in Leon County were "color blind" in their selection of grand jury foremen and that the criteria they used in their selection were racially neutral. … These crucial findings clearly established a prima facie case, thereby shifting to the state the burden to rebut the presumption of discrimination.

QBE Insurance Corp. v. Chalfonte Condominium Apartment Ass'n

37 Fla. L. Weekly Supp. 395 · Supreme Court of Florida · May 31, 2012

Does an insurer’s failure to comply with the language and type-size requirements established by Fla. … We noted that “[i]n general, a statute that does not purport to establish civil liability but merely makes provision to secure the safety or welfare of the public as an entity, will not be construed as establishing a civil

McHardy v. Surviving of McHardy

7 Fla. 301 · Supreme Court of Florida · Feb 15, 1857

Very clearly, and obviously as far as the creditors are concerned, there has been a breach of trust and a disregard of the injunctions of the will in their behalf. … If their debts were presented to the executors in proper time, they may be established by proper proof.

Hood v. Abraham French & Co.

37 Fla. 117 · Supreme Court of Florida · Jan 15, 1896

This section has reference to establishing lost papers, etc., against non-residents, where the proceeding is for the purpose of establishing the particular paper, and can therefore have no bearing on the objection here made … Clearly, the proper order in this case is that the execution issue, not a judgment at law against the stockholder.

Miami Retreat Foundation v. Ervin

62 So. 2d 748 · Supreme Court of Florida · Dec 19, 1952

The Special Master found that under the method of operation in effect in the conduct of the physical establishment of the appellants, it was purely and simply a business operated for profit, and did no substantial charity … If we are unduly euphemistic in our appraisal of the situation, we qualify such euphemism by our conviction that the conduct of the affairs of the Corporation, though subject to criticism, are not so evil or abhorrent as

Sullivan v. Askew

348 So. 2d 312 · Supreme Court of Florida · Jun 30, 1977

I would answer this critical question by saying that the Gardner decision does not clearly require a negative answer. In Proffitt v. … Automatic restoration of civil rights is granted to an applicant convicted of one felony who otherwise qualifies under Rule 6. (2) RESTORATION OF CIVIL RIGHTS IN THE STATE OF FLORIDA is granted to an applicant convicted of

Reynolds v. State

934 So. 2d 1128 · Supreme Court of Florida · May 18, 2006

Here, the State clearly satisfied even this standard. … We arrive at this logical inference based on the evidence, *1155 including photographs presented at the guilt phase, which clearly establishes that these two women were murdered in their home only a few feet apart from each

United Auto. Ins. Co. v. Rodriguez

808 So. 2d 82 · Supreme Court of Florida · Nov 8, 2001

for pain and suffering in the limited category of cases where such items are preempted by the act, he receives not only a prompt recovery of his major, salient out-of-pocket losses—even where he is at fault—but also an immunity … The burden is clearly upon the insurer to authenticate the claim within the statutory time period.

Florida Senate v. Forman

27 Fla. L. Weekly Supp. 733 · Supreme Court of Florida · Sep 5, 2002

The appellees have not cited any federal case, nor does our research reveal any, to support the conclusion that voters or residents of a political subdivision qualify as an "identifiable political group" for purposes of a … This is evident by the language in the court's order: "Both Marion County and the City of Ocala clearly fall within the definition of a political subdivision and each has a clear community of interests unique to its population

Hazen v. State

700 So. 2d 1207 · Supreme Court of Florida · Sep 4, 1997

In fact, the evidence clearly establishes that Buffkin was a prime instigator and was more culpable than Hazen. … McAdams' testimony clearly establishes that all three men joined with equal fervor in the inhumane abuse of her and her murdered husband in their home.

In Re: Estate of Hewitt

153 Fla. 137 · Supreme Court of Florida · Jun 8, 1943

Statutes of descent or succession usually place emphasis upon kinship as established by the blood stream — hence the frequent use of the word “descendants” in our own statute of descents and distributions, now Section 731.23 … received a uniform construction, yet it is the general view that there is not conferred upon the child a right to inherit from the lineal or collateral kindred of the adoptive parent unless the language of the statutes is clearly

Gallagher v. Motors Ins. Corp.

605 So. 2d 62 · Supreme Court of Florida · Jul 23, 1992

Moreover, the record in this case supports the conclusion that the regulatory goal advanced by the State clearly is a "conceivable" purpose for the premium tax. … The Taxpayers' Privileges and Immunities challenge was properly rejected in light of the clear pronouncement in Western & Southern Life that the Privileges and Immunities Clause of the United States Constitution is inapplicable

Scarborough v. Webb's Cut Rate Drug Company, Inc.

150 Fla. 754 · Supreme Court of Florida · Mar 27, 1942

It is presumed that a statute is constitutional and the burden rests on the party claiming the contrary to clearly establish his contention. Neisel v. Moran, 80 Fla. 98 , 85 So. 346 . … Justice Terrell, in part said: “Constitutional guaranties have never been thought to be immune from regulation or limitation in the interest of the common good.

Jones v. Board of Control

131 So. 2d 713 · Supreme Court of Florida · Jun 23, 1961

Jones that the filing of qualifying papers establishing eligibility and intention to run for public office would be considered as conclusive evidence of the breach of a Board of Control rule which prohibited its employees … We think that the decision of the trial judge and our own conclusion is clearly supported by the opinion of the Supreme Court of the United States in United Public Workers of America v.